I’ve been asked many times for the number of bankruptcy court districts who, (i) HAVE adopted local rules on mediation, and (ii) HAVE-NOT adopted such rules.

–The have-not courts, it seems, are hanging on to the past — for reasons that are unknown . . . and not readily apparent.

Initial research in times past suggested, roughly, a 50/50 split. But such information is out-dated. Subsequent research results in the following list of districts that HAVE and HAVE-NOT adopted local mediation rules.

The list identifies 76 of 94 districts (80.85%) that HAVE adopted some type of local mediation rules (listed as, “Yes”), and it identifies 18 of 94 districts (19.15%) that HAVE NOT adopted any such rules (listed as, “No”).

We are asking everyone who reads this article to review the following list for districts that are familiar to you and let us know of any corrections that need to be made — thanks!

[Note: This article is updated to include information available as of August 30, 2018.]

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My name is Donald L. Swanson (please call me “Don”). I’m an attorney in Omaha, Nebraska, and am a shareholder in the law firm of Koley Jessen P.C., L.L.O. I’ve been practicing business bankruptcy law for more than three decades and represent all types of bankruptcy constituencies, including debtors, creditors, committees, trustees, and § 363 purchasers.
I have extensive mediation experience in both bankruptcy and non-bankruptcy courts. Moreover, I have a decades-long background in resolving multi-party disputes while representing committees and trustees.
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